i am consumer editor tom vacar, ktvu channel 2 news. >> and coming up at 6:00 p.m., ktvu's ken pritchett will break down thim pact the delay is having in -- down the delay is having here. >> wall street ended the year on a winning note. the dow is up 166 to 13,104., breaking a 5 day losing streak. the nasdaq is up 59 at 3,019. here is what the numbers mean to you. if you invested $10,000 in the dow you would have made more than a 7% profit. the s&p13.5% profit. nasdaq 16%. for that $10,000 investment in the dow $730. $1,340 on the s&p and $1,590 on the nasdaq. >> police are investigating the 46th killing of the year in san jose after a man was shot today. it happened at an apartment complex this afternoon. police received a 911 call that a man with a gun was in the parking garage. when officers arrived they found a man on the ground next to a car. he died at the scene. witnesses told police the victim got into a fight with two other men. >> there was a confrontation. a weapon discharged. we have a couple people detained and we have the weapon involved in custody. >> investigators are loo